Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Night Work Convention, 1990 (No. 171) - Brazil (Ratification: 2002)

The Committee notes with interest the Government’s first detailed report and the attached documentation. It requests the Government to supply further information on the following points.

Article 6 of the Convention. The Committee notes the Government’s statement that the national legislation does not provide for any measures (e.g. temporary transfer to day work position) concerning workers who are medically certified as unfit for night work. While recalling that the Convention allows for the progressive application of the minimum protective measures set out in Articles 4 to 10, the Committee requests the Government to report on any measures taken or envisaged to give effect to the requirements of the Convention in this regard.

Article 9. The Committee notes the Government’s statement that no measures have been adopted with regard to give effect to this Article of the Convention. Notwithstanding the possibility for progressive implementation offered by the Convention, the Committee requests the Government to indicate the steps it intends to take in order to give effect to this provision of the Convention. In this respect, the Government may wish to consider Paragraphs 13 to 18 of the Night Work Recommendation, 1990 (No. 178), which offer guidance as to social services appropriate for night workers.

Article 10. The Committee notes the Government’s statement that the national legislation does not contain any provision requiring consultations with the workers’ representatives at the enterprise level prior to the introduction of night work schedules, especially with regard to the details of such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel. The Committee once again recalls that measures such as those referred to in this Article of the Convention may be introduced and applied gradually, but hopes that the Government will take the necessary action to bring its legislation into full conformity with the Convention in the very near future.

Article 11. While noting that the Convention is principally implemented through legislation, the Committee requests the Government to indicate whether collective agreements, either at the branch or at the enterprise level, contain specific provisions on night work, and if so, to transmit copies of any such documents.

Part V of the report form. The Committee requests the Government to supply all available information on the application of the Convention in practice, for instance, statistical information on the number of workers employed at night, extracts from inspection reports showing the number and nature of infringements observed, copies of any official publications addressing issues related to night work, etc.